Transit By-law 0425-2003

THE CORPORATION OF THE CITY OF MISSISSAUGA

(Amended by 0373-2005, 0250-2007, 0380-2007, 0239-2008, 0285-2009, 0206-2013, 0239-2013,

0093-2014, 0171-2014, 0033-2016, 0281-2016, 0211-2019)

WHEREAS Sections 8, 9 and 11(2) of the Municipal Act, 2001, S.O. 2001, c.25, as

amended, enable Council to pass by-laws to regulate and prohibit in respect of matters relating

to bus passenger transportation systems;

NOW THEREFORE the Council of the Corporation of the City of Mississauga ENACTS as

follows:

Definitions

1. In this by-law,

“child” means any person who is between 6 and 12 years of age; (0033-2016)

“City” means the City of Mississauga in the Regional Municipality of Peel;

“Corporation” means the Corporation of the City of Mississauga;

"Enforcement Officer" means any one of the Corporation's By-law Enforcement

Officers, or an officer with the Mississauga Transit Enforcement Services, whose duty is

to enforce the by-laws of the Corporation and all other applicable laws; (0380-2007, 0206-

2013)

“exact fare” means the fare prescribed by the Corporation from time to time for a

passenger’s use of and transportation by the Corporation’s public bus transportation

system;

“fare media” means any valid ticket, pass, transfer and electronic fare care approved by

and acceptable to the Corporation; (0281-2016)

“loiter” means to stand or wait around idly or to remain longer than necessary without

apparent purpose; (0211-2019)

“Loyalty scheme” means the Presto card program that rewards frequent MiWay users

with zero cost travel after a set number of paid trips; (0206-2013)

“Mississauga Transit” means the division within the Transportation and Works

Department of the Corporation which is responsible for the operation and control of the

City’s public bus transportation system;

“Mississauga Transitway” means the dedicated east-west Bus Rapid corridor located in

the City of Mississauga between Renforth Drive and Winston Churchill Boulevard; (0171-

2014)

“Mississauga Transit Property” means any property owned, leased, licensed, occupied or

for which the Corporation has an easement over for the purpose of operating a public

transportation system and includes any Mississauga Transit Vehicle and any bus shelter.

(0206-2013, 0171-2014)

“Mississauga Transit Vehicle” means any vehicle which is used as part of the

Corporation’s public bus transportation system and falls under the operation and control of

Mississauga Transit.

“MiWay” means that division of the Corporation responsible for the operation and control

of the Corporation’s public bus transportation system; (0033-2016)

“pass” means a pass voucher or a Presto card, valid for a specific time period, issued by

Mississauga Transit together with appropriate identification verifying the validity thereof;

(0206-2013)

“person” includes individuals, partnerships, corporations, associations, and any other

entities to whom the context can apply according to law; (0239-2008, 0281-2016)

“person with a disability” means a person with a disability as defined in the Ontarians

with Disabilities Act, 2001, S.O. 2001, c32, as amended; (0033-2016)

“person with a vision loss” means any person who is legally blind and in possession of a

valid CNIB ID card; (0033-2016)

“Post-Secondary student” means a full-time student of a post-secondary institution

established and authorized by an Act of the Assembly or by the Minister under the Post-

secondary Education Choice and Excellence Act, 2000, S.O. 2000, c. 36, as amended, or

the Ontario Colleges of Applied Arts and Technology Act, 2002, S.O. 2002, c. 8, as

amended; or the Private Career Colleges Act, 2005, S.O.2005, c.28, as amended; (0093-

2014)

“pre-school child” means any person who is 5 years of age of less; (0033-2016, 0281-

2016)

“PRESTO card” means the smart card issued by Metrolinx that can be loaded with money

or a pass to pay for fares; (0206-2013, 0033-2016, 0281-2016)

“Presto concessions” means the various concessions and programs that can be configured

into a Presto card; (0206-2013)

“Presto transfer” means a time stamp inserted on a Presto card after its owner pays into a

Presto device, and which entitles its owner to travel for up to two hours on any GTA and

Hamilton fixed route transit service provider; (0206-2013)

“senior” means any person who is 65 years of age or more; (0380-2007)

“senior’s pass” means a pass issued to a senior;

“service animal” means any animal that provides essential assistance to a person with a

visible or invisible disability; (0281-2016)

“support person” means any person who presence is essential to provide care and

assistance to a person with a disability; (0033-2016, 0281-2016)

“ticket” means a voucher sold to a passenger which will permit the passenger to use and

be transported by one bus on one particular and specific route only at any one time;

“transfer” means a voucher issued to a passenger after the payment of the applicable

exact fare which will permit the passenger to use and be transported by a bus of another

route without payment of an additional fare, subject to the conditions of use found on the

reverse side of the voucher and/or the MiWay website; (0211-2019)

“Transit Supervisor” means a Transit Supervisor or an Acting Transit Supervisor of

Mississauga Transit, or any person appointed by Mississauga Transit from time to time to

carry out the duties of a Transit Supervisor;

“U-Pass” means a pass issued to a full-time or part-time student of the University of

Toronto at Mississauga, which shall be comprised of two (2) parts: (0250-2007, 0033-

2016, 0281-2016)

“youth” means any person who is between 13 and 19 years of age; (0281-2016)

Administration of By-Law

2. Mississauga Transit shall be responsible for the administration of this by-law.

Exclusivity

2.1 (1) No person other than the City shall establish, operate, or maintain a passenger

transportation system in the City except for other public transit agencies or

entities as authorized by the Director of Mississauga Transit to operate within the

City. (0239-2008)

(2) Subsection (1) does not apply to the GO Transit, a division of Metrolinx, the

Regional Municipality of Peel for its Transhelp Service, or any other persons

who establishes, operates or maintains a passenger transportation system that is

exempted from the application of this by-law under section 69 of the Municipal

Act, 2001, as may be amended from time to time, or other applicable legislation.

(0239-2008, 0171-2014)

(3) No person other than the Corporation or GO Transit (a division of Metrolinx)

shall establish, operate or maintain a passenger transportation system over the

Mississauga Transitway unless written approval is given by the Commissioner of

Transportation and Works. (0171-2014)

Regulation of Fares and Transfers

3. (1) No person shall board, ride upon or otherwise use or be transported on a bus

operated and controlled by Mississauga Transit unless:

(a) he or she has tendered the applicable fare for payment; (0206-2013)

(b) he or she produces an applicable pass, valid ticket, valid transfer, valid

Mississauga Transit employee security pass, or other documentation

approved by the Corporation.

deduction to pay for the fare, or with a valid PRESTO transfer, PRESTO

pass or in the case of a PRESTO registered user, overdraft capacity for one

trip. (0206-2013, 0281-2016)

(2) Notwithstanding subsection 3(1), no Police Officer, Enforcement Officer, or

Mississauga Transit employee while on duty or in the performance of their duties,

or a person with vision loss presenting a CNIB card, or a pre-school child, or a

support person while accompanying a fare paying person other than a person with a

CNIB card, shall be required to pay for boarding, riding upon or otherwise using or

being transported by a bus operated and controlled by Mississauga Transit. (0380-

2007, 0033-2016, 0211-2019)

(3) Notwithstanding subsection 3(1)(a), a person may tender for payment of a fare an

amount greater than the applicable exact fare and, when such an amount is

tendered, the tenderer will provide identification to the bus operator and the bus

operator will submit an incident report to his or her manager about any such

overpayment.

(4) Mississauga Transit will refund an overpayment referred to in subsection 3(3) by

mailing to the customer either the overpayment value in tickets, PRESTO card, or

by cheque. (0206-2013, 0033-2016, 0281-2016, 0211-2019)

(5) Notwithstanding subsection 3(1)(a), a person may tender the discounted Senior $1

cash fare during “off-peak” hours weekdays 8:30am to 3:30pm and after 7:00pm to

5:59am and all day on Saturdays, Sundays and Holidays. Full cash fare or a valid

PRESTO card is required during peak hours from 6:00am to 8:29am and 3:31 to

7:00pm. (0211-2019)

4. Any person who refuses either to tender payment of the applicable fare as provided in

subsection 3(1), tender payment with a Presto card, or to tender a greater amount as

provided in subsection 3(3), or, to produce either a valid pass, ticket, transfer, or other

documentation approved by the Corporation, shall be deemed to have refused to pay the

required fare and shall not be allowed to use the Corporation’s public bus transportation

system. (0206-2013)

5. No person shall:

(a) use or produce a revoked, expired, fictitious, invalid or altered pass, ticket or

transfer; or

(b) lend, give or sell a transfer issued to him or her by Mississauga Transit or an

agent of Mississauga Transit; or

someone else by Mississauga Transit or an agent of Mississauga Transit; or

use a pass or ticket that is being used by another person at the same time.

Conditions Governing Issuance of Tickets and Passes

6. The issuance of every pass and ticket is subject to the following conditions; (0033-2016,

0211-2019)

(a) the ticket and pass is valid on regular scheduled Mississauga Transit service, and

for the period of time shown on the pass voucher, or from the 1

to the last day of

each month on a PRESTO card;

(b) if lost, a replacement ticket or pass will not be issued, except in respect of a U-

Pass;

(d) the ticket and pass is not refundable;

(e) the holder of the ticket or pass shall comply with all terms and conditions and as

set out in Section 7;

6.1 If a student requires a replacement of a U-Pass, the student may be issued a replacement

U-Pass Card by the University of Toronto at Mississauga upon payment of the

appropriate replacement fee as provided in the applicable MiWay Fares By-law and any

University administrative fee. (0250-2007, 0285-2009, 0033-2016)

Use of a Pass

7. (1) The holder of a pass shall comply with all of the following terms and conditions

in order to retain the use of the holder’s pass: (0033-2016)

(a) the pass holder shall show the entire pass voucher to the operator; (0033-

2016)

(b) the pass voucher shall be retained by the pass holder as proof of payment

on all Mississauga Transit vehicles; (0033-2016)

times and upon request the pass must be shown to a Transit Supervisor or

an Enforcement Officer; (0206-2013, 0033-2016)

(d) the pass holder of a Presto card shall present the card to the Presto device

reader upon boarding the transit vehicle; and (0033-2016)

(e) the pass holder shall comply with the conditions set out on the pass, all

provisions of this by-law and all other applicable rules. (0033-2016)

(2) In addition to complying with all the requirements in subsection 7(1), the holder

of PRESTO senior’s pass with a senior fare rate shall provide documentary proof

or a Mississauga Transit photo identification card for inspection upon request by

the bus operator, a Transit Supervisor, or an Enforcement Officer that the pass

holder is a senior. (0250-2007, 0033-2016, 0281-2016)

(3) THIS SECTION REPEALED (0206-2013, 0033-2016)

(4) THIS SECTION REPEALED (0250-2007, 0206-2013, 0093-2014, 0033-2016)

(5) THIS SECTION REPEALED (0093-2014, 0033-2016)

Ownership and Confiscation of Passes

8. Every ticket and pass voucher remains at all times the property of the Corporation and,

as such, an Enforcement Officer or a Mississauga Transit employee may seize,

confiscate or retain a ticket or pass from any person whom the Mississauga Transit

employee believes on reasonable grounds has used the ticket or pass in contravention of

this by-law. (0033-2016)

Operation by Unauthorized Persons

9. Only an employee or agent of Mississauga Transit or a person authorized by Mississauga

Transit shall handle or operate any bus or any part of the mechanism or equipment of a

bus or any other equipment or devices used in connection with the Corporation’s public

bus transportation system except such equipment and devices which are designated and

intended for passenger use, provided that such equipment and devices are used by

passengers in accordance with the applicable rules.

Boarding and Leaving Transit Vehicles

10. (1) No person shall ride on, stand on, or hold on to the exterior of any Mississauga

Transit Vehicle. (0281-2016)

(2) No person shall lean out of or otherwise project any part of his or her body

beyond the edge of any Mississauga Transit Vehicle or beyond the perimeter

of any Mississauga Transit platform except to enter or leave the bus by the

designated doors. (0281-2016)

(3) Other than in an emergency, no person shall board or leave a Mississauga

Transit Vehicle except through the designated doors. (0281-2016)

(4) A person who boards a transit vehicle using a mobility aid device (wheelchair or

scooter) will be required to back into the designated area as designed. (0281-2016)

(5) No person shall board or leave, or attempt to board or leave a Mississauga Transit

Vehicle contrary to instruction provided by the Mississauga Transit Vehicle

operator, a Transit Supervisor, or the Corporation's By-law Enforcement Officer.

(0281-2016)

(6) A person accompanying a passenger as a support person on a transit vehicle

boards and alights the transit vehicle at the same time and location as the person

being accompanied. (0281-2016)

(7) Persons with disabilities have priority seating at the front of the transit vehicle. An

employee or agent of Mississauga Transit may request than an occupied seat be

vacated for persons with disabilities, however seating is not guaranteed. (0281-

2016)

Damage to Corporation Property

11. No person shall cause or attempt to cause any damage to a bus, a bus shelter or other

vehicle or property which is owned, leased, occupied or used by the Corporation that

constitutes any part of the passenger transportation system. (171-14)

Conduct in, on or about Corporation Property

12 (1) No person shall do any of the following in, on or about property owned, leased,

occupied or used by the Corporation that constitutes any part of the public

transportation system including a Mississauga Transit Vehicle, Mississauga

Transitway, bus shelter or other vehicle: (0380-2007, 0171-2014, 0211-2019)

(a) litter or discard any household, industrial or commercial waste, unless

otherwise authorized; (0211-2019)

(b) activate any emergency alarm or device, or use any emergency telephone,

except in an emergency; (0211-2019)

or activity that is contrary to the Criminal Code, R.S.C. 1985, c. C-46, or

any other applicable law; (0206-2013, 0211-2019)

(d) smoke, vape, or carry a lighted cigar, cigarillo, cigarette, e-cigarette,

waterpipe, or pipe; (0206-2013, 0281-2016, 0211-2019)

(d.1) consume alcoholic beverages or carry an open container of alcohol that is

not properly contained or in a re-sealable container; (0206-2013, 0211-

2019)

(e) sell or attempt to sell any newspaper, magazine, merchandise or any other

article or thing, distribute any pamphlet or literature, or solicit members

of the public for any purpose whatsoever, except with the prior written

permission of Mississauga Transit; (0211-2019)

(f) wear and/or use roller blades, in line skates, roller skates, ice skates or

skateboards; (0211-2019)

(g) bring a bicycle on a Mississauga Transit Vehicle, except if the transit

vehicle is equipped with a bicycle rack, contrary to instructions of the

Mississauga Transit operator; (0380-2007, 0281-2016, 0211-2019)

(g.1) shine a light or occupy a position that interferes or is likely to interfere

with the safety of the Mississauga Transit operator or the safe operation

of the Mississauga Transit Vehicle; (0380-2007, 0211-2019)

(g.2) act in any way that interferes or is likely to interfere with the operation of

any part of a Mississauga Transit Vehicle; (0380-2007, 0211-2019)

(g.3) fail to comply with any sign or signal on Transit property; (0281-2016,

0211-2019)

(h) bring an article of any kind aboard a Mississauga Transit Vehicle that

could obstruct the aisle or that prevents a seat from being used by a

passenger or that in any way hinders the safety of other passengers, unless

permission to do so is first received from the operator of the Mississauga

Transit Vehicle; (0211-2019)

(i) bring any explosive, flammable or toxic material or any dangerous

weapon of any kind; (0211-2019)

(j) subject to subsection 12(2), bring any dog that is not leashed or contained

in a carrier or hand bag type, or any other animal that could cause a

disturbance or a nuisance or threaten the safety of any other person;

(0373-2005, 0211-2019)

(k) play, except with the prior written permission of Mississauga Transit, a

musical instrument or operate any radio, transmitting or receiving device,

tape recorder, or similar device, unless the sound therefrom is conveyed

to that person by an earphone; (0211-2019)

(l) fail to be fully clothed at all times; and (0206-2013, 0211-2019)

(l.1) fail to wear shoes at all times; (0206-2013, 0211-2019)

(m) spit, urinate or defecate; (0211-2019)

(n) conduct himself/herself in a manner that creates public indecency; (0211-

2019

(o) fail to comply with an order given by an Enforcement Officer; (0206-

2013, 0211-2019)

(p) use profane, abusive, indecent, foul, insulting or obscene language while

upon Mississauga Transit Property. (0206-2013, 0211-2019)

(q) enter an unauthorized portion of the Mississauga Transitway. (0171-2014,

0211-2019)

(r) place their foot or feet on seats within transit vehicle or bus shelter;

(0211-2019)

(s) lay on any bench, seat or floor of transit property; (0211-2019)

(t) alter identity through the use of disguise intended to obscure or otherwise

alter appearance; (0211-2019)

(2) subsection 12(1)(j) shall not apply to a service animal, including a guide dog

identifiable by a collar, leash, vest or harness, or other trained service animal

when accompanied by official documentation from a regulated health professional

confirming the animal is required for reasons relating to a person’s disability

provided that the owner of any such animal is solely responsible for the behavior

of that animal and that it does not cause a disturbance or a nuisance, or threaten

the safety of any other persons. (0281-2016)

(3) A muzzle is not required when bringing an animal onto a transit vehicle unless a

muzzle order was provided. Any person wishing to appeal a muzzle order can

apply for a hearing before the Appeal Committee where a muzzle order has been

issued. The sections in the Animal Care and Control By-law 98-04, as amended,

with respect to the rights and obligations of the appellant and the Corporation at a

hearing appealing a muzzle order shall apply with any necessary modifications.

(0211-2019)

(4) No person shall loiter in, on or about transit property which includes but is not

limited to: (0211-2019)

(a) idly spend time without the express purpose of using the transit system;

(b) lingering, sauntering or remaining without due cause;

intended route.

Lost Property

13. The Corporation assumes no responsibility for the passengers’ personal belongings,

which shall remain at all times the responsibility of passengers.

14. No person shall remove any article left in or on Mississauga Transit Property, or any

other property or premises of the Corporation, by a person as a result of inadvertence or

otherwise. This section does not apply to a Mississauga Transit employee or an

Enforcement Officer engaged in their duties. Any article so removed shall be kept for a

period of 7 days from the date it was removed subject to the following exceptions:

(0206-2013, 0211-2019)

(a) The owner of the article may retrieve the article within this 7-day period; (0211-

2019)

(b) Any perishable item and its container may be disposed of immediately; (0211-

2019)

hazard or may be evidence of a crime; and

(d) Any animals removed shall be kept, treated, or otherwise disposed of pursuant to

the Corporation’s applicable by-laws regarding animal control and care.

15. Any person seeking to retrieve an article left in or on a Mississauga Transit Vehicle, or

any other property or premises of the Corporation, and that has been removed from the

said vehicle, property or premises, may retrieve the article within 7 days of its removal

if: (0211-2019)

(a) the article has not been disposed of pursuant to section 14; and

(b) the person provides proper identification to demonstrate that s/he is the owner of

the article or that s/he has written consent from the property owner to redeem the

article.

16. Any article that is not retrieved by the owner within 7 days is the property of the

Corporation and may be used, sold, or otherwise disposed of, by Mississauga Transit.

(0211-2019)

Unauthorized Vehicles

17. Only those vehicles authorized as part of the Corporation’s public transportation system

shall operate on the Mississauga Transit Property. (0206-2013, 0171-2014)

17.1 No person shall park, stand or stop any vehicle on Mississauga Transit property unless

the parking, standing or stopping of the vehicle is within an area so designated for

parking, standing or stopping. (0206-2013, 0239-2013, 0171-2014, 0211-2019)

17.2 No person shall park a vehicle for a period of more than 48 hours at Mississauga

Transitway stations. (0211-2019)

Compliance

18. Any person who fails to comply with the provisions of this By-law may be ordered by an

Enforcement Officer to immediately desist from the activity constituting or contribution

to such contravention; or to immediately remove from Mississauga Transit Property any

animal or thing owned by or in the control of such person which is involved in such

contravention; or to leave forthwith from any vehicle, property, or premises that forms

part of Mississauga Transit Property. Failure to comply with any such order shall deemed

to be an offence. (0380-2007, 0206-2013)

Compliance with other By-laws and Regulations

18.1 (1) This By-law shall not be construed to reduce or mitigate any restrictions or

regulations lawfully imposed by the City or by any governmental authority having

jurisdiction to make such restrictions or regulations. (0206-2013)

(2) If there is a conflict between a provision in this By-law and a provision of any

other City By-law, the provision that establishes the highest standard to protect

the health, safety and welfare of the general public shall apply. (0206-2013)

Penalty

19. Any person who contravenes any provision of this by-law, including an order made

under this By-law, is guilty of an offence and on conviction is liable to a fine and such

other penalties as provided for in the Provincial Offences Act, R.S.O. 1990, c. P-33 and

the Municipal Act, 2001, as each may be amended from time to time. (0206-2013)

Interpretation

20. In this by-law, unless the context otherwise requires, words importing the single number

shall include the plural and words importing gender shall include the masculine,

feminine and neuter genders.

Repeal of By-Law

21. By-law 261-90 is hereby repealed.

Effective Date

22. This By-law takes effect on the day of its enactment by Council.

ENACTED and PASSED this 22

day of October 2003.

Signed by Acting Mayor, Pat Saito and City Clerk, Crystal Greer